North British Ins. Co. v. Tourville

North British Ins. Co. v. Tourville

On the totality of the evidence the court was satisfied that Duval grossly and wilfully overvalued the quantity and value of the lumber and over-insured, facts established by strong, consistent circumstantial and documentary inferences (including missing culler's books, implausible yields per log, and incompatible sawing figures); that established fraud forfeited the policy and prevents recovery by the assignees; and that the appellate court was entitled to review and reverse the concurrent factual findings on the special features of this case.

Citation
(1895) 25 SCR 177
Parties
Defendant/appellant: The North British & Mercantile Insurance Company; Plaintiffs/respondents (assignees of Evariste Duval): Louis Tourville and others
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
9 December 1895
Procedural Posture
Insurance (fire) Claim Appeal / On Appeal to the Supreme Court of Canada From the Court of Queen's Bench for Lower Canada (appeal Side)
Outcome
Appeal allowed; action dismissed; costs against respondents
Legal Topics
Fraudulent Misrepresentation, Assignment of Policy, Over Insurance, Circumstantial Evidence, Forfeiture Clause
Source Language
English
Insurance Law Contract Law Evidence Law Equity Fraudulent Misrepresentation Assignment of Policy Over Insurance Circumstantial Evidence +1 more

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Parties

The North British & Mercantile Insurance Company

Defendant/appellant

Louis Tourville and others

Plaintiffs/respondents (assignees of Evariste Duval)

Procedural Posture

Insurance (fire) Claim Appeal / On Appeal to the Supreme Court of Canada From the Court of Queen's Bench for Lower Canada (appeal Side)

Legal Issues

  1. 1 Whether fraud by the insured can be proved by presumption, inference or circumstantial evidence rather than direct proof
  2. 2 Whether an assignee can recover on a policy voided for fraud committed by the assignor
  3. 3 Whether an appellate court may overturn concurrent findings of fact by lower courts in this case

Ratio Decidendi

On the totality of the evidence the court was satisfied that Duval grossly and wilfully overvalued the quantity and value of the lumber and over-insured, facts established by strong, consistent circumstantial and documentary inferences (including missing culler's books, implausible yields per log, and incompatible sawing figures); that established fraud forfeited the policy and prevents recovery by the assignees; and that the appellate court was entitled to review and reverse the concurrent factual findings on the special features of this case.

Court Disposition

Appeal allowed; action dismissed; costs against respondents

Orders

  • Appeal allowed
  • Action dismissed